In his contributed article for the Daily Journal, partner James McManis takes a look at the doctrine of stare decisis and analyzes how the doctrine could affect upcoming abortion cases at the U.S. Supreme Court. Recent Supreme Court decisions on abortion have relied in part on stare decisis. Jim looks at the 2020 decision in June Medical Services, LLC v. Russo and examines what it could mean for Dobbs v. Jackson Women’s Health Organization, an abortion case on the Supreme Court’s October, 2021 docket.
Jim reviews the concurring opinion of Chief Justice John Roberts in June Medical Services, in which he concluded that respect for precedent compelled the same result in June Medical Services that the court reached in the 2016 Whole Woman’s Health v. Hellerstedt decision, a decision with which Roberts disagrees. Jim also examines the various concurring and dissent opinions in these several cases, and analyzes each justice’s thoughts on stare decisis.
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